{
  "url": "https://openlegislation.uk/solicitors-scotland-act-1980/section-62A",
  "json_url": "https://openlegislation.uk/solicitors-scotland-act-1980/section-62A.json",
  "legislation": "ukpga/1980/46",
  "legislation_title": "Solicitors (Scotland) Act 1980",
  "legislation_url": "https://openlegislation.uk/solicitors-scotland-act-1980",
  "path": "section/62A",
  "kind": "section",
  "number": "62A",
  "heading": "Council’s power to recover expenses incurred under section. . . 45 or 46.",
  "text": "(1) Without prejudice to the Society’s entitlement under section 46(4) to recover expenses, the Council shall be entitled to recover from a solicitor (or from the estate of a solicitor who has died) or incorporated practice authorised legal business in respect of whom it has taken action under section . . . 45, or 46 45A or 46A (including, but not limited to, giving directions under section 45A(4) or 46A(4), any expenditure reasonably incurred by it in so doing.\n(2) Expenditure incurred in taking action under section . . . 45 or 46 is recoverable under subsection (1) above only where notice has been served under paragraph 5(2) of Schedule 3 in connection with that action and—\n(a) no application has been made in consequence under paragraph 5(4) of that Schedule; or\n(b) the Court, on such an application, has made a direction under paragraph 5(5) of that Schedule.\n(3) The Court, on the application of the Council, may order a current or former partner, owner, director or member (as the case may be) of a solicitor or an authorised legal business in respect of whom the Council has taken any action under sections 45A or 46A (including, but not limited to, making directions under section 45A(4) or 46A(4)) to pay a specified proportion of the expenditure mentioned in subsection (1).\n(4) The Court may make an order under subsection (3) only if it is satisfied that the conduct (or any part of the conduct) by reason of which the powers conferred by sections 45A or 46A were exercisable in relation to the solicitor or authorised legal business was conduct carried on with the consent or connivance of, or was attributable to any neglect on the part of, the current or former partner, owner, director or member.\n(5) In subsection (3), “specified” means specified in the order made by the Court.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 62A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 76:2), s. 56, Sch. 1 Pt. II para. 6"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 62A(1) repealed (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 27(1)(a)(i); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 62A(1) inserted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 27(1)(a)(ii); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 62A(1) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 35(2); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 62A(1)(2) repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 210, 211, Sch. 20 para. 1(16), Sch. 23 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 62A(1) substituted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 27(1)(a)(iii); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "S. 62A(2) repealed (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 27(1)(b); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in s. 62A(2) inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 1(22) (with s. 77); S.S.I. 2008/311, art. 2"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "S. 62A(3)-(5) inserted (1.7.2026 for specified purposes) by Regulation of Legal Services (Scotland) Act 2025 (asp 8), s. 103(3), sch. 1 para. 27(1)(c); S.S.I. 2026/96, reg. 2(3)(4), sch. 2"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "S. 62A: words in sidenote repealed (1.10.2008) by Legal Services Act 2007 (c. 29), ss. 195, 211, Sch. 20 para. 1(20); Sch. 24 (with ss. 29, 192, 193); S.I. 2008/1436, art. 3"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 62A applied in part (with modifications) (1.10.2004) by The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004 (S.S.I. 2004/383), reg. 13"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1980/46/section/62A",
    "retrieved_at": "2026-10-29T10:15:15.254365+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}